Mr
Mr. McCormack Big Idea Worksheet
American Government Study Guide
Chapter Eighteen – The Federal Court System
Section One: The National Judiciary (p 506-511)
Under the Articles of Confederation, there was no national __________. National laws were interpreted and applied by each __________ or not at all. (p 506)
Article __________ of the Constitution creates the federal judiciary. (p 506)
There are __________ separate court systems in the United States: __________ & __________. Most cases are heard by __________ courts. (p 506)
The Supreme Court of the United States was created by the __________, while all lower (or inferior) courts have been created by __________. (p 507)
Please distinguish between the two types of courts listed below. (p 507)
|Inferior Courts |
| |Definition |Examples |
|Constitutional Courts | | |
| | | |
| | | |
| | | |
|Special Courts | | |
| | | |
| | | |
| | | |
Define the following terms.
Jurisdiction:_______________________________________________________________________________
Exclusive Jurisdiction:_______________________________________________________________________
Concurrent Jurisdiction:______________________________________________________________________
Original Jurisdiction:________________________________________________________________________
Appellate Jurisdiction:_______________________________________________________________________
The Constitution says that the __________ can name to the federal bench anyone that the __________ will confirm. Most federal judges are drawn from the ranks of __________, __________, __________, __________, or __________. Presidents regularly look for judges who tend to agree with their own __________ views. (p 509)
Please distinguish between the two basic jurisprudential approaches.
Judicial Restraint:_______________________________________________________________
Judicial Activism:_______________________________________________________________
Judges of the constitutional courts serve for __________, unless they resign, retire, or die in office. They may only be removed from office by __________. (p 510)
Judges who sit in the special courts have fixed terms of varying lengths, ranging from _________ to __________ years. (p 510)
Judges receive __________, which cannot be reduced during their time in office, and generous retirement benefits. (p 510)
Please describe the various court positions listed below. (p 511)
|Other Court Officers |
|Office |Duties |Appointed by |Length of Term |
|US Magistrate | | | |
| | | | |
| | | | |
|Bankruptcy Judge | | | |
| | | | |
| | | | |
|US Attorney | | | |
| | | | |
| | | | |
|US Marshal | | | |
| | | | |
| | | | |
Section Two: The Inferior Courts (p 512-515)
Please describe the courts listed below.
|Inferior Constitutional Courts |
|Court |Basic Duties |Type of Jurisdiction |
|District Courts* | | |
| | | |
| | | |
| | | |
| | | |
| |How many district courts are there? | |
|Courts of Appeals* | | |
| | | |
| | | |
| | | |
| | | |
| |How many circuit courts are there? | |
|Court of | | |
|International Trade | | |
| | | |
| | | |
|Court of Appeals for | | |
|the Federal Circuit | | |
| | | |
| | | |
*Please note that Pennsylvania is part of the 3rd Circuit Court of Appeals. Harrisburg is in the Middle District of Pennsylvania.
Section Three: The Supreme Court (p 517-522)
The Constitution only specifically creates one court, the __________. The Court consists of the __________, whose office is also established by the constitution, and associate justices. __________ determines the number of associate justices, so it has varied over time, but has been steady at __________ since 1869. (p 517)
Most courts in the country have the power of __________, which means that they can decide the constitutionality of an act of government. The Constitution does not explicitly grant that power, but the Supreme Court has asserted it in several cases, most notably including _________ v. __________. (p 517-518)
Please answer the following questions about Marbury v. Madison. (p 518-519)
Who was the plaintiff? ______________________________________________________________________
What was his complaint? ____________________________________________________________________
Who was the defendant? ____________________________________________________________________
Why was he the target of the suit? _____________________________________________________________
What was the plaintiff seeking? _______________________________________________________________
Why would the Court hesitate to grant that relief? _________________________________________________
How did the Court sidestep that dilemma? _______________________________________________________
Why doe we still study this case today? _________________________________________________________
_________________________________________________________________________________________
The Supreme Court has both __________ and __________ jurisdiction, though in practice it usually uses only the latter. The Court does, however, have exclusive and original jurisdiction over two kinds of cases: __________ and __________. (p 520)
At least __________ justices must agree to hear a case. This usually only happens when a petition raises some important __________ question or a serious problem with the interpretation of a statute. (p 520-521)
Out of approximately __________ appeals, only a few hundred cases are accepted by the Court each year. Most cases reach the Supreme Court by writ of __________, though a few reach the Court by __________. In those cases, the Court clarifies a specific question so that a lower court can proceed. (p 520-521)
__________ are written documents filed with the Court before oral arguments. The Court may agree to accept _________ briefs, which are not written by the parties to the case but by those with a stake in the outcome. (p 521)
The __________ represents the US in all cases before the Supreme Court and also decides which cases the US will appeal to the Supreme Court.
Justices will issue opinions on a case. While many opinions are unanimous, only a majority is needed to determine the outcome. These written opinions have value as __________, as future cases may follow them. Justices agreeing with the outcome but disagreeing about the reasons may issue __________, while justices disagreeing with both may issue __________. (p 522)
Section Four: The Special Courts (p 524-526)
Please describe the basic duties of each of the following courts. Also list 3 other significant facts about each.
|Special Courts |
|Court |Basic Duties and Other Significant Facts |
|Court of Federal Claims | |
| | |
| | |
| | |
| |1.________________________________________________________________________________ |
| |2.________________________________________________________________________________ |
| |3.________________________________________________________________________________ |
|Territorial Courts | |
| | |
| | |
| | |
| |1.________________________________________________________________________________ |
| |2.________________________________________________________________________________ |
| |3.________________________________________________________________________________ |
|District of Columbia | |
|Courts | |
| | |
| | |
| |1.________________________________________________________________________________ |
| |2.________________________________________________________________________________ |
| |3.________________________________________________________________________________ |
|Court of Appeals for the | |
|Armed Forces | |
| | |
| | |
| |1.________________________________________________________________________________ |
| |2.________________________________________________________________________________ |
| |3.________________________________________________________________________________ |
|Military Commissions | |
| | |
| | |
| | |
| |1.________________________________________________________________________________ |
| |2.________________________________________________________________________________ |
| |3.________________________________________________________________________________ |
|Court of Appeals for | |
|Veterans Claims | |
| | |
| | |
| |1.________________________________________________________________________________ |
| |2.________________________________________________________________________________ |
| |3.________________________________________________________________________________ |
|US Tax Court | |
| | |
| | |
| | |
| |1.________________________________________________________________________________ |
| |2.________________________________________________________________________________ |
| |3.________________________________________________________________________________ |
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